plea be tried; and such plea need not show under what title, or of what estate such possession was, because not the title, but the possession only is material. 1 Hawk, c. 64. s. 56.

Traversing the And if the defendant shall either traverse the entry, or the entry or force, force, or plead that he has been three years in possession it seemeth that the justice ought not to make any restitution till the traverse be tried; in order whereunto he must award a ve. nike fucias, wherein a jury must be returned, on whose verdict the award of restitution ought to depend. 1 Hawk. c. 64. s. 8, 58,

Defendant to

before restitution awarded.

But this traverse must be tendered in writing, and not by a bare denial of the fact in word. 1 Hawk. c. 64. s. 58.

Upon which traverse tendered, the justice shall cause a new jury to be returned by the sheriff, to try the traverse; which may be done the next day, but not the same day. Cromp. 150, 152. Dalton, c. 133. s. 4.

And it seems that he that tendereth the traverse shall bear all the charges of the trial, and not the king, nor he at whose suit the indictment was found. Cromp. 165, Dalton, c. 133.

s. 4.

As the justice is bound to stay the award of restitution, upon be summoned the defendant's tendering a traverse of the force; so it hath also been said, that he ought not to make such an award, in any case, in the defendant's absence, without calling him to answer for himself; for it is implied by natural justice, in the con struction of all laws, that no one ought to suffer any prejudice thereby, without having first an opportunity of defending himself. Hawk. c. 64. s. €Q.

How the award of restitution

noy be superseded before

And if a jury find part of an indictment to be true, and part of it to be false, yet if they find so much thereof to be true as will warrant a restitution, the justice ought to restore the party; as where on a forcible entry and forcible detainer the jury find that the entry was peaceful, and the detainer only was forcible, 1 Hawk. c. 64. s. 59,

The same justices who have awarded a restitution on an indictment, or any two or one of them, may afterwards supersede such restitution, upon an insufficiency in the indictment appear. it is executed. ing unto them; but no other justices or court whatsoever have such power, except the court of King's Bench. 1 Hawk. c. 64.

How the restitution may be

set aside after It is executed.

s. 61.

For it is certain that a certiorari from the court of King's Bench is a supersedeas to such restitution,and wholly closes the hands of the justices of peace, and avoids any restitution which is executed after its teste. 1 Hawk. c. 64. s. 62.

Also it is certain that the justices of the King's Bench, having a general superintendent power over all proceedings whatsoever of justices of peace, may set aside any such restitution, if it shall appear to them to have been either awarded or executed against law; as where the indictment whereon it is

grounded being removed before them, appears to be insufficient, and thereupon is quashed; or the defendant traverses the force and gets a verdict in the King's Bench; or wherever it sufficiently appears that the justices of peace have been irregular in their proceedings, as by refusing to try a traverse of force tendered by the defendant, or the like. 1 Hawk. c. 64.

s. 63.

Forcible marriage. See FELONY (without Clergy, sec. Women).

Foreigners.-See ALIENS.

FOREIGN MANUFACTURES.-For the penalties for seducing artificers in various manufactures to go abroad, see 5 Geo. 1. c. 27. 23 Geo. 2. c. 13. 22 Geo. 8. c. 60, under the general Title MANUFACTURES, &C.

For the penalties on the unlawful exportation of tools used in the different manufactures, see Div. 11. of the general Title SMUGGLING.

8. 2.

Foreign Service.-See FELONY (without Clergy).

FORESTALLING, REGRATING, AND

SEVERAL

ENGROSSING.

EVERAL very severe statutes were formerly made to restrain these offences; all of which from 3 Ed. 6, inclusive were repealed by 12 Geo. 3. c. 71, (except only as is hereinafter noticed) it having been found that such statutes had a tendency to discourage the growth of victuals, and enhance the price. thereof.

However, these offences still remain punishable upon indictment at the common law; and the offenders are at this day, as in other misdemeanors, liable to a fine and imprisonment, an. swerable to the heinousness of their offence. 1 Hawk. c. 80. $. 5.

A FORESTALLER, was described by the repealed stat. of 5 &. 6 Ed. 6. c. 14, to be one who buys or causes to be bought, any merchandise, victual, or any other things whatsoever, coming by land or by water, toward any market or fair to be sold in the same, or coming toward any city, port, haven, creek, or: read of this realm, or Wales, from any parts beyond the sea to be sold, or makes any bargain, contract, or premise, for the

having or buying of the same, or any part thereof, so coming as is aforesaid, before the said merchandise, victuals or other things shall be in the market, fair, city, port, haven, creek, or road, ready to be solil; or shall make any motion by word, letter, message, or otherwise, to any person or persons, for the enhancing of the price or dearer selling of any thing above mentioned, or else dissuade, move, or stir any person coming to the market or fair, to abstain or forbear to bring or convey any of the things above rehearsed to any market, fair, city, port, haven, creek, or roud, to be sold as is aforesaid.

A REGRATOR was by the same statute described to be one that shall by any means regrate, obtain, or gel into his hands or possession, in any fair or market, any corn, wine, fish, butter, cheese, candles, tallow, sheep, lambs, calves, swine, pigs, geese, capons, hens, chickens, pigeons, conies, or other dead victual whatsoever, that shall be brought to any fair or `market within this realm or Wales, to be sold, and do sell the same again in any fair or market, halden or kept in the same place, or in any other fuir or market within four miles thereof. An ENGROSSER, was also by the same statute described to be one

And by the stat. 3 & 4 Ed. 6. c. 19. s. 1, continued indefinitely by 16 Car. 1. c. 4. it is declared that No person shail buy any or, steer, runt, cow, heifer or calf, and sell the same again alive in the same market or fair, ou pain of forfeiting double value, half to the king and ha f' to him who shall sue.

Upon this act it is to be observed that although the stat. 12 Geo. 3. c 71, repeals all the other acts against forestalling, yet it does not repeat this of the 3 & 4 Ed 6. c. 19, thou.h the 15 Car. 2. c. 8, which altered that part of it which related to butchers selling fat cattle, is expressly repealed; therefore this part of 3 & 4 Ed 6, appears to be still in force.

And in a regent has been decided that the following are offences at common w not done away by the repeal of the stat. 5 & 6 Ed. 6. c. 14, Rex Waddington, Hit. 41 Geo. 3. 1 East's Rep. 143,

Spreading rumours with intent to enhance the price of any commodity in the hearing of the growers, dealers, and others, that the stock is neatly ex hausted, and there will be a scarcity, with intent to induce them not to bring the commodity to market for sale for a long time, and thereby greatly to enhance the price:

Eleavouring to enha ce the price by persuading divers dealers net to take the commodi y to market, and to abstain from selling for a long

time:

Engrossing large quantities, by buying from many-particular persons by name, certain quantities with intent to resell the same for an unreasonable "profit, and thereby to enhance the price:

Getting to his hands large quantities, by contracting with various per sons for the puchase, with intent to prevent the same being brought to market, and to resell at an exorbitant profit thereby, and buying Jarge quantities with the like intent :

Engrossing a commodity while growing by forehand bargains with alike intent, such as buying all the growth in particular parishes or the .:like:

And to forestall any commodity which is become a common victual and - necessary of life, or used as an ingredient in the making or preservation of any victual, though not formerly used or considered as such (as for instance hops), is an offence at common-law. Rex v. Waddington, Hil, 41 Geo. §. 1 East's Rep. 143.

ghoshall get into his hands, by buying, contracting, or promise, taking other than by demise, grunt, or lease of land, or tithe, any corn growing in the fields, or any other corn or grain, butter, cheese, fish, or other dead victuals whatsoever, to the intent to sell the same again.

And it is said that all endeavours whatsoever to enhance the common price of any merchandise, and all kinds of practices which have an apparent tendency thereto, whether by spreading false rumours, or by buying things in a market before the ac =customed hour, or by buying and selling again the same thing in the same market, or by any other such like devices, are highly criminal at common law, and that all such offences anciently came under the general notion of forestalling, which included all kinds of ollences of this nature*. Hawk. c. 80. $1.

But it hath been resolved, that any merchant, whether he be a subject or a foreigner, bringing victuals or any other merchandise into the realm, may sell the same in gross. Inst. 196.

3

But no person can' lawfully buy within the realm any mer chandise in gross, and sell the same in gross again, because by such means the price will be inhanced: for the more hands any merchandise passeth through, the dearer it must grow, because every one will make his profit of it; and if such practices were allowable a rich man might engross into his hands a whole com modity, and then sell it at what price he should think fit; which is of such dangerous consequence, that the bare engross ing of a whole commodity with an intent to sell it at an unreasonable price is an offence indictable at the common law, whether any part thereof be sold by the engrosser or not. 1 Hawk. c. 80. s. 3. Cro. Car. 231, 232.

And so jealous is the common law of all practices of this kind, that it will not suffer corn to be sold in the sheaf, perhaps for this reason, namely, because by such means the market is in effect forestalled, 3 Inst. 197. 1 Hawk. c. 80. s. 32

The following forms of indictments at common law, for these offences are taken from the last edition of the Crown Circuit Companion.

And it is to be observed that where the indictment charges the offence in respect of several things, the quantity of each must

* And surely, adds the learned serjeant, there can be no attempt of this kind but must be looked upon as a high offence against the public, inasmuch as it apparently tends to put a check upon trade, to the general incouveni ence of the people, by putting it out of their power to supply themselves with a commodity, without an unreasonable expense, which often proves extremely oppressive to the poorer sort, and cannot but give just cause of com. plaint to the richest, 1 Hawk, c. 80. s. S.

-1

be expressly specified, therefore if it be forestalling or engrossing a great quantity of hay and straw without mentioning how many loads, or divers quantities of beer, or a great quantity of fish, geese, and ducks, without specifying the quantity of each, it will be bad. Cro. Car. 381. 1 Strange, 497. i East's Rep.

583.

(I.) For FORESTALLING.

Middlesex. {THE jurors for our lord the king upon their

oath present, that W B, late of the parish of Fryern-Barnet, in the county of Middlesex, yeoman, on the ele venth day of Aug. in the first year of the reign of our sove. reign lord George the Third, king of Great Britain, &c, at the parish aforesaid, in the county aforesaid, did buy, and cause to be bought, of and from one T H, three hundred pounds weight of cheese, for the sum of three pounds fifteen shillings and sixpence, of lawful money of Great Britain, as he the said T H then and there was coming toward London,to wit, to a certain market, called Leadenhall Market, in London aforesaid, to sell the said three hundred pounds weight of cheese; and before the same was brought into the said market, where the same should be sold, in contempt of our said lord the king and his laws, to the evil example of all others in the like case offending, against the peace of our said lord the king, his crown and dig. vitye

Middlesex. {

(II.) For REGRATING.

The jurors for our lord the king, upon their oath present, that S A, late of the parish of St. Andrew, Holborn, in the county of Middlesex, yeoman, on the first day of March, in the first year of the reign of our sovereign lord George the Third, king of Great Britain, &c. at the parish aforesaid,in the county aforesaid, to wit, in a certain market there, called Brook's Market, did obtain and get into his hands and possession, ten geese, thirty ducks, and eighteen drakes, of and from one E C, for the sum of four pounds and nine shillings of lawful money of Great Britain, (the said geese, ducks, and drakes, then being brought to the said market, by the said E C, to be sold) and afterwards, to wit, on the same first day of March, in the year aforesaid, he the said S. A, at the parish aforesaid, in the county aforesaid, in the said market there, called Brook's Market, unlawfully did regrate the said geese, ducks, and drakes, and sell the same again to one W S, for the sum of five pounds, in contempt of our said lord the king and his laws, to the evil example of all others in the like case offending, against the peace of our said lord the king, his crown and dignity.